March 25, 2004

The Jackson Township Supervisors held their regular meeting at 7:00 p.m. at the Jackson Township Municipal Building. Members present were Supervisors David Bracken, Bob Stephens and Bruce Baker along with Secretary-Treasurer / Manager Dave Hirko and Solicitor Bill Barbin. The meeting was called to order by David Bracken, Chairman, with the Pledge of Allegiance to the flag.

Board Roll Call was taken with all three Supervisors present.

Public Comments Concerning Agenda Items:
Eugene Kist
commented on the proposed Zoning Amendment changes and said that being we were getting a new highway through here, he wondered what they were going to do with the decibel making noise and if we were going to pinch the State if they violate this law. He also said that in # 5 it states that there are no setbacks required on railroads and wondered why this was even put in these things. He went on to say that it says about fumes on your neighbors and said if he had a coal furnace and it would go to his neighbors it would create fumes.

Clair Michaels asked what the storm water drain was for. He said we shouldnít make everybody pay for storm water drains for storm water runoff that we donít really need. He added that we shouldnít pass an ordinance to adopt the Uniform Construction Code and why do we want to even join that thing. Michaels said let the State have it since they wanted it and let them do all the work. He added that itís a darn shame we have to take the burden for it. He went on to say about the changes on the Zoning Ordinance and said you should let it stand and donít go changing something.

Will Michaels said he couldnít ask Larry Custer anything and didnít really know whatís going on right there. Larry Custer said he was here and could answer questions during his time on the agenda. Michaels said on the Uniform Construction Code. it should have never come about and itís only about money and power and taking care of friends. He said another thing is the State put it in and they should be the ones to have to enforce it. He said itís not going to work properly and right now it could add 15-20% to the cost of a new home. He said other states may have certain things and some may be more stringent but thereís a heck of a lot more that are probably less. He said itís a shame we didnít have somebody who could stand up against these people. He said he heard from a politician not to worry about it and they couldnít enforce it and he told him thatís not what happens as itís about money and power. He said on adopting Ordinance # 128 with the zoning changes he felt that fences should be out of the ordinance altogether and Ordinance # 118 should not have been there in the first place.

Stephens, second Baker to approve the minutes of the February 26, 2004 meeting. Vote-3 yes.

Township Financial Report:







$     28,577.13

$ 133,640.33

$      107,182.99

$     55,034.47


$ 1,376,026.87

$  56,844.89

$       66,582.84

$ 1,366,288.92


$      3,865.58

$         2.23

$                .00

$       3,867.81


$     36,033.92

$   2,396.15

$         6,489.82

$      31,940.25

Baker, second Stephens to approve the bills for the period of February 27, 2004 through March 25, 2004. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$    107,182.99

$           .00

$       6,489.82

Township Police Report:
The February, 2004 Police Report submitted by Police Chief Bob Fatula was presented. The figures were as follows: 911 Calls dispatched to Police were 265. Reportable Incidents were 25 broken down as follows: DUI (Driving While Under the Influence)-5, Disorderly Conduct-4, Theft-4, Assault-3, Harassment-3, Criminal Mischief-2, Vehicle Theft-2, Public Drunkenness-1 and Trespassing-1. Non-Traffic Citations Issued-8. Traffic Citations Issued-19. Accidents Handled-15. Criminal Charges Filed were 27 broken down as follows: DUI (Driving While Under the Influence)-5, Disorderly Conduct-4, Armed Robbery-2, Assault-2, Criminal Conspiracy-2, Harassment-2, Receiving Stolen Property-2, Terroristic Threats-2, Theft-2, Threats-2, Criminal Trespassing-1 and Public Drunkenness-1.


Old Business:

New Business:
Mr. Terry Shook
, CPA of Barnes, Saly & Company presented the 2003 Township Audit. He said the audit field work was completed on February 17, 2004, Audit Report on March 24, 2004 and that they found a "clean" opinion on the financial statements. He added that there were no problems encountered during the audit and they did not identify any unusual transactions. Mr. Shook then said they had no disagreements with management on accounting or audit matters and stated that Dave as well as the staff was extremely cooperative. Mr. Shook distributed reports to the Board members with detailed financial figures and summaries. There were no questions.

Mr. Larry Custer, Executive Director of the Cambria County Redevelopment Authority was present to discuss the 2004 CDBG (Community Development Block Grant) Program. He said that this years allocation designated to Jackson Township was $127,752 which is about $2,000 more than what the Township received last year. He said two public hearings were held with about 15 different people attending. He stated that a number of comments were received on the Wagner Road Water Project, performing a housing study in the Township, installing sanitary sewer lines and on recreation needs. He added that there were three projects that are currently underway including the Wagner & Pintail Roads Water Project, Solar Street Water Project and installing a walking track at the Jackson Township Senior & Handicapped Activities Center. On the Wagner & Pintail Road Water Project, he stated that the past two years the Township allocated the CDBG monies toward the project which would extend water lines to approx. 22 residences that were experiencing problems with wells. He said that this years CDBG monies were being recommended for the Wagner & Pintail Project as well as a feasibility or marketing study to determine housing needs in Jackson Township. He said on the Wagner - Pintail Project the engineering work has been awarded to OMR Engineers. Supervisor Stephens asked if he was correct that there were to be three years of CDBG monies set aside for this project. Mr. Custer said that was correct and this was the third year. Stephens asked what the deficit would be on the total cost. Custer said they have already gone through some planning phases already and that there were two alternatives. One alternative would be to extend lines from High Ridge Water Authority in Indiana County and the other alternative would be to run lines from the Jackson Township Water Authority. He said that there were some new developments including PennDOT agreeing to install the line for the project under the new Route 22 which would dramatically reduce the cost to extend lines from the Jackson Authority. Mr. Custer felt that with the greatly reduced cost it would be favorable to keep the customers with the Jackson Township Water Authority. He said costs were pretty close but once PennDOT agreed to install the line under Route 22 it would be cheaper to go with the Jackson Authority. Mr. Custer said he would apply on the Townships behalf for additional monies for the project. Stephens asked what brought the amount down. Custer said the Water Authority originally estimated cost to bore under Route 22 but with PennDOT now putting the line in, they wouldnít have to bore and there were no right-of-way issues which brought the cost down from over $800,000 to about $500,000. Eugene Kist asked about sewage facilities in case there would ever be sewage on that side of 22 and would PennDOT accommodate the Township on that. If they could put a line under there it would save the Township a lot of money and be there for future use. Custer said they would have to look at the depth of that line and we could bring that up to PennDOT. He also said you would have to consider that the Blacklick Valley Sewer Authority was also putting in some new facilities and that the area on that side of 22 would all be gravity flow downhill. Kist also asked about residents on Chickaree Hill Road and water going all the way down to Vintondale. Custer said right now they could only look at going down to Wagner & Pintail Roads but the lines would be there for a future project to accommodate the residents going down to Vintondale along Chickaree Hill Road. Kist stated that he owned property down there and would like to know when there would be access to have it. Will Michaels said about it being close to High Ridge and that they had a pumping station. He also said he understood that the one area up there would become an industrial park that would be called the Nanty Glo Industrial Park. Custer said that was not where it would be at but he could double check on it. Michaels said he heard the landfill was donating land on the right hand side of Chickaree Hill Road. Bob Benedict questioned where the line would be along Route 22. Dick McDowell asked what happened to the sewer line that was supposed to go under 22 to Fords Corner Road. Supervisor Baker said it was still scheduled to be installed. Stephens added that it would cost about $41,000 now and if they wait till after the road is completed it would cost about $127,000. McDowell asked him it would handle water coming down the north side of Route 22 from what was previously discussed. Kist said it could handle everything there. Custer said he would coordinate with the Jackson Township Water Authority and Jackson - East Taylor Sewer Authority and talk to PennDOT. Custer said he wished he would get this number of people at the public hearings. Will Michaels said a lot of us are working people and an evening would be better. Custer said next year we could have one hearing in the evening. Solicitor Barbin said the next motion should include the words "housing study" as well as the Wagner & Pintail Roads Water Project.

Motion Stephens, second Baker to approve Wagner & Pintail Roads Water Project, Housing Study, and use of 2004 CDBG Funds. Vote-3 yes.

Manager Hirko said only one bid was received for Heating Oil, Premium No Lead Gas and Diesel Fuel and it was from Luther P. Miller. Solicitor Barbin reviewed the bid and said everything was in order. Motion Baker, second Stephens to accept bid from Luther P. Miller for Heating Oil, Premium No Lead Gas and Diesel Fuel. Vote-3 yes.

Motion Baker, second Stephens to accept contract with Humane Society of Cambria County to become effective on April 1, 2004. Vote-3 yes.

Motion Baker, second Stephens to authorize the Solicitor to prepare a Storm Water Management Ordinance combining new regulations required by the PaDEP in Jackson Townships NPDES MS4S Permit as well as the Townships existing Storm Water Management Ordinance. Vote-3 yes.

Motion Baker, second Bracken to authorize the Solicitor to prepare an Ordinance adopting the Uniform Construction Code and adopt Inter-Governmental Cooperation Agreement with the Cambria County Codes Agency. Vote-Baker & Bracken-yes, Stephens-no.

Motion Baker, second Stephens to approve Ordinance # 128 which amends Jackson Township Zoning Ordinance # 118 to include changes recommended by the Jackson Township Planning Commission. Vote-3 yes.

Motion Stephens, second Baker to purchase new police 4 wheel drive police vehicle on the State Piggyback Program to replace the 1997 Jeep Cherokee. Vote-3 yes.

Motion Stephens, second Baker to promote Frank Alexander to the position of Assistant Road Foreman. Vote-3 yes.

Motion Stephens, second Baker to approve road bond on East Pike Road for Amfire Mining Company. Vote-3 yes.

Motion Baker, second Stephens on transferring $ 62,624.34 from the Capital Reserve Fund to the General Fund - $36,253.00 to Capitol Construction for new municipal garage roof, $12,292.00 to Naugle Insurance for deposit on 2004 Insurance Policy, $5,172.78 to American Rock Salt for winter road maintenance and $2, 887.60 to Luther Miller for Fuel & Heating Oil, $2,244.48 to P. Joseph Lehman Engineers for Storm Water Management Compliance, $1,925.76 to Tri-County Motors for truck repairs and $1,848.72 to Freedom Ford for Transmission and Police Car Repairs. Vote-3 yes.

Motion Stephens, second Baker on transferring $ 3,562.00 from the Capital Reserve Fund to the Senior Center Fund - $2,637.00 to Naugle Insurance for Deposit on 2004 Insurance Premium and $925.00 to Thomas Rummel Construction for security partition wall constructed in District Magistrates Office. Vote-3 yes.

Motion Stephens, second Baker on approving the time sheets from and February 15, 2004 through February 28, 2004 and February 29, 2004 through March 13, 2004. Vote-3 yes.

Other New Business:
Baker, second Bracken to re-approve the Hildebrand Subdivision. Solicitor Barbin said the subdivision was for Robert & Winona Hildebrand and was approved by the Planning Commission in 1997 and later by the Supervisors on June 3, 1997 but it was never recorded at the Courthouse. He said the Municipal Planning Code states that a subdivision is void if it hasnít been recorded within 90 days and this was far more than 90 days. He advised the Board to treat it as a new application and said it was dividing a lot that is approximately 380 ft. deep by approx. 100 ft. wide located between Stoneridge Street & Adams Avenue. He added that the lots on either side of the property were already divided in half. He said the two lots created by the subdivision were each about 19,000 square feet and in the R1 Zoning District, the minimum square footage is 14,500 square feet so it did comply with the current Zoning Ordinance. There was no public comment. A vote was then taken. Vote-3 yes.

Public Comments:
Supervisor Stephens
made several suggestions including having the Manager & Roadmasters list on a map all road crossover pipes on all streets and roads in the Township and that each pipe on a given street be numbered. He added that a separate listing should be made on inspection of the construction material, size and condition of the pipe. He also suggested that an inspection be considered by the Manager & Roadmasters of existing guardrails and their condition and that a determination be made on the need for additional guardrails on Township roads to protect from Township liability. He suggested that the Township Manager implement a maintenance plan for the operation when needed of a generator in case of an emergency. He said it should be determined if the generator would provide what is necessary for new equipment. Another proposal was for the Township Manager to periodically print in the Township newsletter emergency procedures, the Emergency Management Coordinator and phone number, and buildings to go into in the event of a disaster. He also suggested the information be posted on the outside of the Municipal Building. He also said that prior to last months meeting he talked to Mr. Barbin about whether Roadmasters were subordinate to the Township Manager or was the Township Manager subordinate to the Roadmasters concerning roads and road maintenance as described in Jackson Township Ordinance # 89. He asked Mr. Barbin if he could give a legal opinion as to who is subordinate to who. Solicitor Barbin said there was a written opinion given to the Township Manager. Manager Hirko provided Mr. Stephens with a copy of the written legal opinion. Barbin said the Manager has authority over the roadmasters to the extent that the Manager chooses to exercise it. He added that the Township Manager is accountable to the three person Board of Supervisors and could be directed by the Board with a majority vote. Barbin said the Manager held the top administrative position as an individual. Stephens said he would appreciate the Boards consideration of the four items he suggested previously.

Eugene Kist said he has been asking the same question on non-conforming properties for three years now and never had an answer yet.

Steve Yurasek said he was driving Monday on Benshoff Hill Road and prior to the election Dave, you made a big thing about helping get a drainage problem resolved. He said on Monday there was a school bus stopped at the Mount Olive Church and the water was coming across the road and froze. He added that a red SUV came along and almost flipped over. He came back and took a couple of pictures which he presented to the Board. Chairman Bracken reminded Mr. Yurasek that it was a State Road. Yurasek said he was aware of that. On another subject Mr. Yurasek asked if everybody was going to have to comply on this storm water management. He said all of the water from Singer Hill comes down on to his property and there is six inches of slop and gravel from public roads on his property. He said if a private citizen has to contain his storm water why shouldnít the municipality have to contain their water. He said theyíre not exempt and it works both ways.

Clair Michaels commented about paying $1,800 for a transmission at Freedom Ford and last month we paid $2,000 for a clutch for a Township truck at Freedom Ford and maybe we should start looking for a different place. He added that after talking to different people on the clutch that they said you can get a clutch put in anywhere for around $1,100 to $1,200 dollars and some of them were truck drivers. He said he thought we were getting ripped off.

Will Michaels asked when is this Township going to quit making attorneys rich. He said that golden goose up there on the hill will end one of these days.

Dave Cobaugh commented on Senate Bill 834. He wanted to encourage the Board to take some time to look at Bill 834 which is going to grant tax relief under the Clean & Green Bill and redefine the definition of timberable lands used for recreational use. He said what that means is that any timber land that is given a tax break right now will be redefined and if the land would be leased for hunting it would put a new definition on the tract of land and they would be given a tax break for that. He said he is personally opposed to it but it has already been passed by the Senate and is before the House for consideration. He added that given the tract of land we have here in Jackson Township that he doesnít want to see timberable land given a tax break which means less taxes received by the Township, School District and County Governments. He said it wouldnít be fair that these people from Hanover and other places would be given a tax break and those of us who live here canít hunt on that land. He added that he lives near that property over there and his property is devastated from deer. He said he had 12 deer in his driveway the other night and his shrubs are ruined. He said he has gotten no help from the forester over in Hollidaysburg and there is a beaver dam there that is flooding his neighbors property. Cobaugh added that Shawn Harshaw has been very cooperative from his end but the forester himself has given him no satisfaction. He said he didnít feel these people should be rewarded. He said he had a call into Senator Wozniak and has not received a call back yet and that Wozniak was a co-sponsor of the bill. He said he also had a call into Rep. Yewcic and has not heard back from him either. He asked if the Supervisors would look at it being they have a little more clout than he does. Motion Baker, second Bracken to have the Township Manager write Wozniak and Yewcic a letter on Senate Bill 834. Solicitor Barbin said that those who own timber land already donít pay enough taxes and we shouldnít be giving them a tax break. He added that Illinois Municipal Retirement pays about $20,000 a year in taxes to County, School and Township and for the amount of land they own, itís not very much. Barbin said that giving them a tax break is a bad decision and that sometimes bad decisions are made by the Legislature. Will Michaels said we should know some of this stuff to be informed. Supervisor Stephens said he was glad this was brought to our attention but we need to study this before we take a vote on it. Vote-Baker & Bracken-yes, Stephens-no because we need to see what all the possible implications are.

Mike Homan said speed limit is too fast on Bracken Street at 45 mph. He also said you couldnít see coming out by the church as well. Chairman Bracken said that one time a study was requested and was turned down by PennDOT. Solicitor Barbin said you could request a study again and that there were new people over at PennDOT now. Homan added that on Blackburn Road 30 mph is too fast and should be dropped down due to the sharp turns on the road.

Genia Rutludge said that concerning Route 271 & Bracken Street there should be more police enforcement. She said that her shop is along Route 271 and most of the time people are going past about 50 mph but sometimes motorists are passing that shouldnít be and at sometime there will be a crash and even emergency vehicles are going too fast and guesses they could be going up to 80 mph at times. She said everyone needs to obey the posted limit and because theyíre not itís just an accident waiting to happen.

Chairman Bracken
announced that the next Supervisors Meeting will be held on Thursday, April 29, 2004 at 7:00 pm at the Jackson Township Municipal Building.

Baker, second Stephens to adjourn the meeting at 8:30 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary